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MINISTRY OF
HEALTH OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 38/2025/TT-BYT
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Hanoi, August 13,
2025
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CIRCULAR
ELABORATING
SOME ARTICLES OF DECREE NO. 207/2025/ND-CP DATED JULY 15, 2025 OF THE
GOVERNMENT ON CHILDBIRTH BY ASSISTED REPRODUCTIVE TECHNOLOGY AND CONDITIONS FOR
ALTRUISTIC SURROGACY
Pursuant to Decree No. 42/2025/ND-CP dated
February 27, 2025 of the Government on functions, tasks, powers and
organizational structure of the Ministry of Health of Vietnam;
Pursuant to Decree No. 207/2025/ND-CP dated July
15, 2025 of the Government on childbirth by assisted reproductive technology
and conditions for altruistic surrogacy;
At the request of the Director General of
Department of Maternal Health and Children;
The Minister of Health promulgates the Circular
on some articles of Decree No. 207/2025/ND-CP dated July 15, 2025 of the
Government on childbirth by assisted reproductive technology and conditions for
altruistic surrogacy.
Chapter I
GENERAL REGULATIONS
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This Circular regulates health standards for
recipients of sperm, oocytes, and embryos; the transfer and receipt of sperm,
oocytes, embryos between storage facilities; the minimum list of medical
techniques that in vitro fertilization facilities must be able to perform;
statistical report, data management, information sharing related to assisted
reproductive technology.
Chapter II
HEALTH STANDARDS FOR
RECIPIENTS OF SPERM, OOCYTES, AND EMBRYOS; THE TRANSFER AND RECEIPT OF SPERM,
OOCYTES, EMBRYOS BETWEEN STORAGE FACILITIES; THE MINIMUM LIST OF MEDICAL
TECHNIQUES THAT IN VITRO FERTILIZATION FACILITIES MUST BE ABLE TO PERFORM;
Article 2. Health standards for
recipients of sperm, oocytes, and embryos
1. Recipients of sperm, oocytes, and embryos are
not currently suffering from:
a) Diseases or abnormal conditions of the
reproductive organs that makes pregnancy impossible;
b) Diseases that may pose a life-threatening risk
to the woman during pregnancy;
c) Mental illnesses or other conditions that impair
a person's ability to perceive and control his/her own behavior.
2. Persons suffering from acute illnesses shall
postpone embryo transfer until their condition is stabilized.
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Article 3. Regulations on the
transfer and receipt of sperm, oocytes, embryos between storage facilities
1. In cases where donors of sperm, oocytes, or
embryos (hereinafter referred to as samples) or recipients of donated samples
wish to transfer samples from one storage facility to another:
a) The facility storing the samples shall advise
the donor/recipient regarding the regulations on sample transportation,
potential risks that may occur during the transportation, and obtain written
consent for the transfer of samples;
b) The sample-receiving facility is responsible for
considering the wishes of the donor/recipient, deciding the receipt of samples
transferred from another storage facility. The handover and receipt of samples
shall only be carried out with the written consent of the receiving facility;
c) The transportation of samples shall be carried
out by medical staff from either the receiving facility or the transferring
facility with the participation of the donor/recipient or his/her legally
authorized person. If the donor/recipient or the legally authorized person does
not participate, the donor/recipient shall authorize the receiving or
transferring facility to conduct the transportation of samples;
d) The cost of sample transportation shall be paid
by the donor/recipient;
dd) During the transportation, samples shall be
stored in specialized frozen storage equipment sealed by the transferring
facility;
e) Samples shall be handed over between the two
storage facilities accompanied by the following documents:
- A summary of medical records or sample storage
dossiers certified by the transferring facility including full name and
identification card number or personal identification number of the donor and
the recipient, passport number (if the sender/donor is a foreigner); quantity
and quality of the samples; storage method; storage date; summary of the treatment
process;
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- In the case where the handed-over samples are
embryos, a valid copy of the marriage certificate at the time of embryo
creation if the donors are a married couple, or a certificate of marital status
if the donor is a single woman is required;
- 02 copies of sperm, oocyte, or embryo
handover minute in accordance with the Form in Appendix I attached to this
Circular;
g) The receiving facility is responsible for
inspecting the seal and accompanying documents before signing the sample
handover minutes and returning one original copy to the transferring party.
2. In cases where the storage facility is no longer
qualified to continue storing the samples:
a) The facility storing the samples shall contact
another eligible storage facility to negotiate the transfer of samples and
notify the sample donor/recipient. The handover shall only be carried out with
the consent of the transferring facility, the receiving facility, and the
sample donor/recipient. In urgent cases requiring immediate transfer, the two
facilities shall reach an agreement before the handover, and notify the sample
donor/recipient;
b) The transportation of samples shall be carried
out by the staff of either the transferring facility or the receiving facility;
c) The cost of sample transportation shall be paid
by the transferring facility;
d) During the transportation, samples shall be
stored in specialized frozen storage equipment sealed by the transferring
facility;
dd) Samples shall be handed over between the two
storage facilities accompanied by the following documents:
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- The complete medical records or sample storage
dossiers of the cases being transported;
- 02 copies of sperm, oocyte, or embryo
handover minute in accordance with the Form in Appendix I attached to this
Circular;
e) The receiving facility is responsible for
inspecting the seal and accompanying documents before signing the sample
handover minutes and returning one original copy to the transferring party.
g) The transferring facility is responsible for
notifying the sample donor in writing about the sample transportation. The
receiving facility is responsible for continuing to store and preserve the
received samples through a contract with the sample donor in accordance with
civil laws.
Article 4. The minimum list of
medical techniques that in vitro fertilization facilities must be able to
perform
The minimum list of medical techniques that in
vitro fertilization facilities must be able to perform is prescribed in
Appendices II and III attached to this Circular.
Chapter III
STATISTICAL REPORT, DATA
MANAGEMENT, INFORMATION SHARING RELATED TO ASSISTED REPRODUCTIVE TECHNOLOGY
Article 5. Statistical report
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Article 6. Data management and
information sharing related to assisted reproductive technology
1. Information related to donation of sperm,
oocytes, and embryos; the storage of donated sperm, oocytes, and embryos shall
be encoded, connected and shared in accordance with clause 2 of this Article.
Information of donors/recipients of sperm, oocytes, and embryos shall be kept
confidential.
2. The following information shall be shared with
the common database on assisted reproductive technology:
a) The latest identification card number, personal
identification number or passport number (if the donor/recipient is a
foreigner) of the donor/recipient of sperm, oocytes or embryos; the surrogate
mother; and the couple requesting surrogacy;
b) The date of donation of sperm, oocytes, or
embryos; the facility storing the donated sperm, oocytes, or embryos;
c) The date of embryo transfer in cases of
surrogacy, and the facility performing the surrogacy technique.
3. Responsibilities of relevant authorities in
management of common data regarding assisted reproductive technology:
a) The Department of Maternal Health and Children
shall act as a conduit and cooperate with relevant units in managing, operating
and using common database related to assisted reproductive technology; develop
regulations of the Ministry of Health in managing, operating and using common
data related to assisted reproductive technology for management, operation,
professional activities and state management; inspect and supervise the
implementation;
a) The Administration of Science, Technology and
Training shall cooperate in developing regulations of the Ministry of Health in
managing, operating and using common database related to assisted reproductive
technology; participate in the inspection and supervision of the
implementation;
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d) Health facilities performing in vitro
fertilization and altruistic surrogacy shall connect and share information to
the common database related to assisted reproductive technology as prescribed
by the Ministry of Health.
Chapter IV
IMPLEMENTATION CLAUSE
Article 7. Effect
1. This Circular comes into force from October 10,
2025.
2. Chapter I, Chapter II, Chapter V and Chapter VI
of Circular No. 57/2015/TT-BYT dated December 30, 2015 of the Minister of
Health elaborating some articles of Decree No, 10/2015/ND-CP dated January 28.
2015 of the Government on childbirth by assisted reproductive technology and
conditions for altruistic surrogacy shall be annulled.
3. If the documents referenced in this Circular are
amended or replaced, the newer documents shall prevail.
Article 8. Implementation
The Department of Maternal Health and Children; the
Department of Medical Service Administration; the Heads of units affiliated to the
Ministry of Health; the Directors of the Departments of Health of provinces and
cities; relevant authorities, organizations and individuals are responsible for
implementing this Circular.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Tri Thuc